'Beauty Bias' is Real and Discriminatory

By Deanne Katz, Esq. on October 19, 2012 5:46 AM

The 'beauty bias,' where attractive people appear to have an advantage, isn't just a rumor. There is evidence that it exists and that it leads to discrimination against less attractive people in a variety of areas, including hiring.

Attractiveness isn't in the same category as gender, race, religion, or nationality but that doesn't mean hiring based on looks is ok under the law.

Federal laws on employment discrimination don't specifically speak to looks or appearance as a protected category that allows retaliation. But those laws can still apply in an employment discrimination suit.

For better or worse, many of the traits of attractiveness are tied to protected categories, most notably gender and age.

Often 'beauty bias' is also tied up in other kinds of potential discrimination. Look at Marylou's Coffee, a Boston-based coffee shop chain that is currently under investigation by the Equal Employment Opportunity Commission.

The chain is famous for hiring young women to work at their shops and sport their pink shirts, reports Boston WBZ-TV. It could be seen as bias based on looks but it could also possibly be discrimination based on age and gender.

What it does show is that a perceived 'beauty bias' in hiring can potentially be prosecuted under the law.

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